Opinion
Argued December 6, 1951
Decided January 24, 1952
Appeal from the Supreme Court, Appellate Division, First Department.
Alvin McKinley Sylvester and Charles W. Chattaway for appellants. Melvin L. Krulewitch and Barnet V. Kaufman for respondent.
In a proceeding brought under article 78 of the Civil Practice Act to review a determination of an administrative agency, it is sufficient that the record contain "substantial evidence" to support it. (See, e.g., Matter of Humphrey v. State Ins. Fund, 298 N.Y. 327, 331-332; Matter of Miller v. Kling, 291 N.Y. 65, 69.) In the case before us, ample proof was adduced before the State Liquor Authority — and it was not rendered less effective or less probative because the criminal charge based upon some of it had been dismissed in a magistrate's court (see Matter of Cohen v. Board of Regents, 299 N.Y. 582, affg. 274 App. Div. 952; Schindler v. Royal Ins. Co., 258 N.Y. 310, 312-313; Matter of Garvey v. O'Connell, 271 App. Div. 766) — to warrant the Authority (1) in finding that the licensee actually knew or should have known, had reasonable diligence been exercised, that homosexual activities were being carried on in its premises, and (2) in concluding that such licensee had suffered or permitted the premises to become "disorderly" in violation of subdivision 6 of section 106 of the Alcoholic Beverage Control Law. (See Matter of Avon Bar Grill v. O'Connell, 301 N.Y. 150, 153.)
The order of the Appellate Division should be reversed and the determination of the State Liquor Authority confirmed, with costs in this court and in the Appellate Division.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.
Order reversed, etc.